Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6807)

T. & M. TERRAZZO & PAVING PTY LTD T/A PDA MARBLE & GRANITE / CFMEU GREENFIELD AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	HOBART, 18 JUNE 2013

Application for approval of the T. & M. Terrazzo & Paving Pty Ltd T/a PDA Marble & Granite / CFMEU Greenfield Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the T. & M. Terrazzo & Paving Pty Ltd T/a PDA Marble & Granite / CFMEU Greenfield Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, T. & M. Terrazzo & Paving Pty Ltd T/a PDA Marble & Granite and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a workplace agreement between T. & M. Terrazzo & Paving Pty Ltd, trading as PDA Marble & Granite, and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2016. The union sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for registration, including compliance with the Act and fairness provisions.

The legal issues before the Commission included whether the agreement had been made freely and fairly, without any form of coercion or undue influence. The Commission also needed to determine if the agreement complied with all statutory obligations and whether it met the specific criteria set out in the Fair Work Act for approval. Additionally, the Commission had to assess if the agreement provided adequate protections for employees and if it adhered to the principles of procedural fairness.

The Commission found that the agreement was made freely and fairly, without any evidence of coercion or undue influence. It determined that the agreement complied with all statutory obligations and met the criteria for approval under the Fair Work Act. The Commission also concluded that the agreement provided adequate protections for employees and adhered to the principles of procedural fairness. Consequently, the Commission approved the agreement as a registered workplace agreement.

The final orders of the Commission were that the T. & M. Terrazzo & Paving Pty Ltd T/a PDA Marble & Granite / CFMEU Greenfield Agreement (ACT) 2013-2016 be approved as a registered workplace agreement. This decision allowed the agreement to have legal effect and be enforceable under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established